The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date of the final judgment.

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and 120 hours of community service) of the court below is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal.

The “F and E’s statement” is prepared as part of the investigation process at the police’s request under the condition that F and E are summoned by the police, and constitutes “written statement prepared by a person other than the defendant in the course of investigation” under Article 312(5) of the Criminal Procedure Act. As long as there is no record of the investigation process under Article 244-4(3) and (1) of the Criminal Procedure Act regarding the investigation, it cannot be said that it was prepared in accordance with due process and method, and its admissibility

(See Supreme Court Decision 2013Do3790 Decided April 23, 2015). Nevertheless, the lower court erred by misapprehending the legal doctrine on admissibility of evidence, thereby adversely affecting the conclusion of the judgment.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing, on the grounds of ex officio reversal as seen earlier, and the judgment below is again ruled as follows.

[Discied Judgment] The criminal facts recognized by this court are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of CCTV photographs and statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Act and Article 59 of the Act on Probation, etc. has been raised.